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Code of Good Practice for the Handling of S*xual Harassment Cases
7 January 2019 Employment

Code of Good Practice for the Handling of S*xual Harassment Cases

Until 19 December 2018, employers had to apply two Code of Good Practice for the Handling of S*xual Harassment Cases in the workplace. The first code was issued in 1998 (Government Notice R1367 of 17 July 1998). This code was amended on 4 August 2005, by the Amendments to the Code of Good Practice on the Handling of S*xual Harassment Cases in the Workplace (General Notice 1357).

Important judgment for taxpayers regarding the valuation of trading stock
14 December 2018 Tax & Exchange Control

Important judgment for taxpayers regarding the valuation of trading stock

In C:SARS v Volkswagen SA (Pty) Ltd (1028/2017) [2018] ZASCA 116 (19 September 2018) the Supreme Court of Appeal (SCA) dealt with important principles in the Income Tax Act, No 58 of 1962 (Act), specifically s22 of the Act dealing with amounts to be taken into account in respect of trading stock. The judgment will likely have far-reaching consequences for many taxpayers and this article provides a brief analysis of the key issues and principles underpinning the judgment.

Overview of the firm’s 2018 Pro Bono contribution
12 December 2018 Pro Bono & Human Rights

Overview of the firm’s 2018 Pro Bono contribution

The Pro Bono & Human Rights Practice (the Pro Bono Practice) is proud to report that during what was a particularly successful and productive year, collectively Cliffe Dekker Hofmeyr (CDH) donated over 9,500 hours/in excess of R25 million in pro bono legal services to deserving individuals, organisations and causes during 2018. This is a truly impressive contribution of which the firm can be proud.

CDH supports 16 Days of Activism for no violence against women and children
10 December 2018 Pro Bono & Human Rights

CDH supports 16 Days of Activism for no violence against women and children

“Violence against women and children concerns us all” South Africa has several progressive pieces of legislation aimed at combatting violence against women and children including inter alia the Domestic Violence Act, the S*xual Offences and Related Matters Amendment Act as well as the Children’s Act, all of which guarantee safety and security against violence. In addition, the Constitution guarantees the rights to equality, life, human dignity and freedom and security of the person to all who live in South Africa.

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Armchair critics: Trade Union warned not to frustrate retrenchment process
30 July 2018 Employment

Armchair critics: Trade Union warned not to frustrate retrenchment process

The provisions of s189 of the Labour Relations Act, No 66 of 1995 (LRA) require an employer and other consulting parties to, among other things, engage in a meaningful joint consensus-seeking process. This implies that the parties must engage in good faith to reach consensus on the issues listed in s189(2) and (3) of the LRA. But what happens when another consulting party frustrates the consultation process to the extent that the employer is unable to meaningfully consult over all of the issues required in s189(2) and (3)?

Wills and estates planning pro bono workshop
30 July 2018 Trusts & Estates

Wills and estates planning pro bono workshop

On 10 July 2018, CDH’s Pro Bono & Human Rights and Trusts & Estates practices collaborated with Pro Bono.Org to present a wills and estates planning workshop at the Ekurhuleni Council Chambers in Tembisa. A group of approximately 40 early childhood development (ECD) practitioners from the Ekurhuleni Metropolitan Municipality attended the workshop.

Treasury includes cryptocurrency in draft tax legislation
27 July 2018 Tax & Exchange Control

Treasury includes cryptocurrency in draft tax legislation

On 16 July 2018, National Treasury’s draft Taxation Laws Amendment Bill (draft TLAB) was published for public comment. The draft TLAB has encapsulated a first for South African taxpayers by introducing legislative provisions for cryptocurrency in the proposed amendments.

Decrypting the law: Proposed VAT Act amendments affecting cryptocurrencies
27 July 2018 Tax & Exchange Control

Decrypting the law: Proposed VAT Act amendments affecting cryptocurrencies

The former Minister of Finance stated in his Budget Review on 21 February 2018 that the income tax and value-added tax (VAT) treatment of cryptocurrencies are addressed by existing provisions in the South African tax law. Regarding VAT, it was recognised that the supply of cryptocurrencies can cause administrative difficulties in the VAT system; and to address these issues, it was proposed that the VAT legislation be amended. SARS in the interim stated on its website that it would not require persons to register for VAT for purposes of the supply of cryptocurrencies, pending policy clarity in this regard.

Death of the TES?
26 July 2018 Employment

Death of the TES?

The Constitutional Court today handed down its eagerly anticipated judgment in Assign Services matter.

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A name is worth a thousand suits
1 February 2008 Dispute Resolution

A name is worth a thousand suits

The Supreme Court of Appeal recently handed down a decision confirming that a name can be protected against any unauthorised use or publication.

An agent's right to commission
2 January 2008 Dispute Resolution

An agent's right to commission

An agent will have a claim for commission on a sale agreement if he introduced the parties to one another, thereby being the effective cause of the sale.

Beware the bogeyman
6 November 2004 Black Economic Empowerment (BEE)

Beware the bogeyman

The macro-economic rationale that lies at the heart of black economic empowerment (BEE) is to address the...

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Johan Jacobs talks about the budget speech
16 May 2016 Trusts & Estates

Johan Jacobs talks about the budget speech

Johann Jacobs, national practice head and director in the Trust and Estates practice talks about the budget speech which was delivered by the finance minister from trusts tax perspective.

Employment tax incentives
10 March 2016 Tax & Exchange Control

Employment tax incentives

Nicole Paulsen, associate in the Tax and Exchange Control practice speaks about employment tax incentives and how it expires.